Record #: O2013-4935   
Type: Ordinance Status: Passed
Intro date: 6/26/2013 Current Controlling Legislative Body: Committee on Housing and Real Estate
Final action: 7/24/2013
Title: Acquisition of property at 2206, 2222 and 2258 S Indiana Ave for benefit of 24th/Michigan Redevelopment Project area
Sponsors: Emanuel, Rahm
Topic: PROPERTY - Acquisition
Attachments: 1. O2013-4935.pdf
ORDINANCE
 
AUTHORITY TO ACQUIRE 2206, 2222 AND 2258 S. INDIANA AVENUE 24th/Michigan Redevelopment Project Area
 
WHEREAS, the 24th/Michigan Tax Increment Financing Redevelopment Project and Plan (the "24th/Michigan Plan") was approved by the City Council of the City of Chicago (the "City") on July 21, 1999, pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., as amended from time to time (the "Act"); and
 
WHEREAS, the City may, pursuant to Section 11 -74.4-4(c) of the Act and in conjunction with goals and objectives of the 24th/Michigan Plan, acquire by purchase or condemnation, property reasonably necessary to achieve the objectives of the 24th/Michigan Plan; and
 
WHEREAS, the Department of Housing and Economic Development has found that the present use of, and improvements to, the property commonly known as 2206, 2222 and 2258 S. Indiana Avenue and identified as P.I.N. 17-27-102-013, -025, and -026 (the "Subject Property") are inconsistent with the City's development plans for the subject area and that acquisition of the Subject Property by the City for redevelopment would further the goals of the 24th/Michigan Plan; and
 
WHEREAS, the Subject Property is located within the boundaries of the 24th/Michigan Plan; and
 
WHEREAS, the City is a home rule unit of local government pursuant to Article VII of the 1970 Constitution of the State of Illinois, and, pursuant to its home rule powers, the City established the Community Development Commission ("Commission") pursuant to Section 2-124 of the Municipal Code of Chicago (the "Code"); and
 
WHEREAS, under Section 2-124-030(a) of the Code and Section 1 l-74.4-4(c) of the Act, the Commission may recommend to the City Council that the City acquire by purchase or condemnation property reasonably necessary to achieve the objectives of a redevelopment project and plan; and
 
WHEREAS, the Commission, by Resolution 13-CDC-21, recommended that the Subject Property be acquired for redevelopment by the City in furtherance of the 24th/Michigan Plan; and
 
WHEREAS, the Subject Property is a component of an acquisition plan and project to facilitate redevelopment along the Cermak Avenue corridor, adjacent to the McCormick Place Convention Center, that requires property assembly within adjacent and surrounding Tax Increment Allocation Redevelopment Areas (the "Cermak Corridor Project"); and
 
WHEREAS, the assembly of property, including the Subject Property, requires urgency to meet deadlines that will facilitate the Cermak Corridor Project, and will not be feasible without accomplishing the assembly of all property, including the Subject Property, by December 31, 2013; and
 
 
1
 
 
Exhibit A.
 
Address:      2206, 2222 and 2258 S. Indiana Avenue
PIN: 17-27-102-013,025,026 Legal Description: PARCEL 1:
THE EAST '/2 OF BLOCK 4 (EXCEPT THAT PART TAKEN FOR 22ND STREET AND FOR ALLEY), IN CANAL TRUSTEES' SUBDIVISION OF THE WEST V2 OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 
PARCEL 2:
 
LOTS 1 TO 7 IN BLOCK 1 IN SUPERIOR COURT COMMISSIONER'S SUBDIVISION OF THE EAST «/2 OF BLOCK 9 (EXCEPT THAT PART TAKEN FOR ALLEY), IN CANAL TRUSTEE'S SUBDIVISION OF THE WEST '/2 OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 
PARCEL 3:
 
LOTS 1 AND 2 (EXCEPT THAT PART TAKEN FOR ALLEY), IN ASSESSOR'S DIVISION OF THE EAST V. OF BLOCK 18 IN CANAL TRUSTEES' SUBDIVISION OF THE WEST '/2 OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3
 
 
WHEREAS, pursuant to its home rule power, the City Council finds such acquisition to be for the same purposes as those set forth in Divisions 74.2 and 74.3 of the Illinois Municipal Code (65 ILCS 5/11-74.2 and 74.3); and
 
WHEREAS, the Corporation Counsel has been authorized to negotiate for the purchase of parcels contained within the 24th/Michigan Plan area, and, in the event of inability to acquire same through negotiation, to institute eminent domain proceedings, including the use of "Quick-Take," to acquire such parcels; now, therefore,
 
Be It Ordained by the City Council of the City of Chicago:
 
SECTION 1. The recitals set forth above are hereby incorporated into this ordinance by this reference as the findings of the City Council.
 
SECTION 2. The City Council hereby finds, pursuant to its home rule power and the 24th/Michigan Plan, that it is useful, necessary, desirable and in the best interests of the City of Chicago to acquire the Subject Property, legally described on attached Exhibit A, for the purposes set forth herein.
 
SECTION 3. The authority of the Corporation Counsel to issue offers and negotiate to acquire the Subject Property, and in the event of inability to agree with the owner or owners of such property, to institute condemnation proceedings to acquire title to and possession of such property in accordance with the eminent domain laws of the State and in the manner provided by Act 30 of the Code of Civil Procedure (the "Eminent Domain Act"), including the exercise of "Quick Take" pursuant to Articles 20 and 25 of the Eminent Domain Act, is hereby ratified, provided, and confirmed.
 
SECTION 4. The City Council further finds that it is useful, necessary, desirable and in the best interests of the City of Chicago to utilize "Quick-Take" pursuant to Articles 20 and 25 of the Eminent Domain Act to meet the schedule established pursuant to the 24th/Michigan Plan.
 
SECTION 5.  This ordinance shall take effect immediately upon its passage and approval.
 
Exhibit A referred to in this Ordinance reads as follows:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2
 
 
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
June 26, 2013
 
 
 
 
 
 
 
 
 
 
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
 
 
Ladies and Gentlemen:
 
At the request of the Commissioner of Housing and Economic Development, I transmit herewith ordinances authorizing acquisitions of property in the 2200 south blocks of Michigan and Indiana Avenues.
 
Your favorable consideration of these ordinances will be appreciated.
 
Mayor
 
Very truly yours,
 
 
City Council - City of Chicago City Hall, Room 200 121 North LaSalle Street
Chicago, Illinois 60602 Telephone: (312) 744-6102 Fax (312) 744-0770 rsuarez@cityofchicago.org
RAY SUAREZ
Alderman, 31st Ward
Vice Mayor - City of Chicago
 
4502 West Fullerton Avenue Chicago, Illinois 60639 Telephone: (773) 276-9100 Fax: (773) 276-2596
 
 
 
Committee Memberships:
Housing and Real Estate (Chairman)
Committees, Rules and Ethics (Vice-Chairman)
Aviation
Budget and Government Operations Finance
Transportation and Public Way Workforce Development and Audit Zoning, Landmarks and Building Standards
 
 
 
 
 
 
 
July 24, 2013 CHICAGO, ILLINOIS
 
 
TO THE PRESIDENT AND MEMBERS OF THE CITY COUNCIL:
 
3RI) WARD
 
Your Committee on Housing and Real Estate which was referred from the Department of Housing and Economic Development approving the authority to acquire the property located at 2206,2222 and 2258 S. Indiana Ave. in the 24°1/Michigan TIF Redevelopment Project. (02013-4935)
 
 
Having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith.
 
This recommendation was concurred in by a unanimous vote of the members of the committee present with no dissenting votes.
 
(signed)
 
Ray Suaiez, Chairfaan Committee on Housing & Real Estate
 
>